People v. Campanella
| Decision Date | 15 October 1991 |
| Parties | The PEOPLE, etc., Respondent, v. Gerald CAMPANELLA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Susan M. Kane, Albertson, for appellant.
James M. Catterson, Jr., Dist. Atty., Riverhead (Barbara D. Rose, of counsel), for respondent.
Before MANGANO, P.J., and THOMPSON, BRACKEN and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered March 9, 1989, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's Batson claim (see, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69), premised on the prosecutor's use of peremptory challenges to strike twice as many female jurors as male jurors (see, People v. Blunt, 162 A.D.2d 86, 561 N.Y.S.2d 90), is procedurally flawed. While the defendant initially objected to the prosecutor's use of peremptory challenges as discriminatory, he neither controverted the prosecutor's explanations for the challenged strikes, requested a hearing or further ruling by the trial court, nor moved for a mistrial. Thus, we find that the issue of law is not preserved for appellate review (see, People v. Steans, 174 A.D.2d 582, 571 N.Y.S.2d 85; People v. Rosado, 166 A.D.2d 544, 560 N.Y.S.2d 825). Were we inclined to address the claim in the exercise of our interest of justice jurisdiction, the absence of a complete record of the voir dire precludes any finding as to the defendant's establishment of a prima facie case of purposeful discrimination (see, People v. Morales, 126 A.D.2d 836, 510 N.Y.S.2d 756; People v. Cassell, 101 A.D.2d 1013, 476 N.Y.S.2d 678).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15[5].
In view of the defendant's extensive criminal history and the violent nature of the crimes of which he stands convicted, we perceive no basis upon which to modify the sentence imposed (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
We have examined the defendant's remaining contentions and find them...
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Caston v. Costello, 97CV7623 (ARR).
... ... Thus, he renewed the Batson application: ... Since the People have also struck Miss Smyler, who is also an Afro-American female, and they have seemed to have used an inordinate amount of their strikes against ... Campanella, 176 A.D.2d 813, 575 N.Y.S.2d 137 (2d Dep't 1991) (defense counsel never requested a hearing nor moved for a mistrial); People v. Steans, 174 ... ...
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People v. Dixon
... ... Women comprise a cognizable group for purposes of applying the Batson rule (see, J.E.B. v. Alabama ex rel. T.B., 511 U.S. ----, 114 S.Ct. 1419, 128 L.Ed.2d 89; see also, People v. Irizarry, 165A.D.2d 715, 560 N.Y.S.2d 279; People v. Blunt, 162 A.D.2d 86, 561 N.Y.S.2d 90; People v. Campanella, 176 A.D.2d 813, 575 N.Y.S.2d 137). Once a prima facie case is made that an attorney is attempting to exclude a cognizable group, the attorney will be called upon to articulate nondiscriminatory explanations for the peremptory challenges which he or she has exercised, and the court must then ... ...
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People v. Holland
... ... The defense counsel did not indicate any dissatisfaction with the prosecutor's explanations. He did not request a hearing or a further ruling by the trial court, nor did he move for a mistrial. Thus, the Batson issue is not preserved for appellate review (see, People v. Campanella, 176 A.D.2d 813, 575 N.Y.S.2d 137; People v. Steans, 174 A.D.2d 582, 571 N.Y.S.2d 85; ... People v. Rosado, 166 A.D.2d 544, 560 N.Y.S.2d 825). We decline to reach this issue in the interest of justice. In any event, the absence of a complete record of the voir dire precludes any finding as ... ...
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Wells v. West
... ... out of all 16 people who were questioned who answered in one-word answers. She was not very forthcoming with her answers ... " (Trial Transcript, People v. Wells, Indt ... Bowman, 185 A.D.2d 891, 587 N.Y.S.2d 858, 859 (2d Dep't 1992) (same); People v. Campanella, 176 A.D.2d 813, 575 N.Y.S.2d 137, 138 (2d Dep't 1991) (same) ... Several courts in this District reviewing habeas petitions ... ...